Alaska, October, 2006, State Case law

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State Courts - Alaska - October 11, 2006

Aluskak v. State, Court of Appeals No. A-9367, No. 5122, COURT OF APPEALS OF ALASKA, October 11, 2006, Decided
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Overview: Defendant could be sentenced to greater than presumptive term for sexual abuse of minor, without benefit of a jury, because aggravator within Alaska Stat. ? 12.55.155(c)(8) fell within Blakely exceptions if proof rested on defendant's prior conviction for assault. Proof of single Blakely-compliant aggravating factor was sufficient.

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Clark v. State, Court of Appeals No. A-8795, No. 5125, COURT OF APPEALS OF ALASKA, October 11, 2006, Decided
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Overview: Defendant's sentence was vacated because he proceeded without assistance of counsel even though trial court never obtained defendant's knowing waiver of his right; although defendant elected to proceed without counsel, trial court accepted defendant's decision without advising him of the benefits of counsel and the dangers of self-representation.

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Haynes v. State, Court of Appeals No. A-8964, No. 5121, COURT OF APPEALS OF ALASKA, October 11, 2006, Decided
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Overview: Before absconding, defendant entered plea to third-degree controlled substance misconduct. When apprehended, defendant sought to withdraw plea, pursuant to Alaska R. Crim. P. 11, but motion was properly denied because a motion to dismiss indictment would not have succeeded and attorney was diligent in efforts to communicate with defendant.

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Hugo v. State, Court of Appeals No. A-9036, No. 5124, COURT OF APPEALS OF ALASKA, October 11, 2006, Decided
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Overview: Defendant's parole officer searched defendant for controlled substances without a warrant. Search did not violate Fourth Amendment because a parole search was not required to be premised on a parole officer's reasonable suspicion that defendant had engaged in criminal activity.

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Krug v. State, Court of Appeals No. A-9009, No. 5123, COURT OF APPEALS OF ALASKA, October 11, 2006, Decided
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Overview: In trial for manufacturing methamphetamine, first-degree burglary, felony theft, and felony criminal mischief, among other charges, evidence was sufficient because circumstantial evidence corroborated co-defendant's testimony. Evidence that defendant "cooked" drug elsewhere was properly admitted under Alaska R. Crim. P. 404(b) to show knowledge.

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